Water Management (General) Regulation 2025

This regulation is the Water Management (General) Regulation 2025.

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Water Management (General) Regulation 2018 (the 2018 Regulation) in relation to all matters other than water supply authorities. See the Water Management (Water Supply Authorities) Regulation 2025 for replacement of the 2018 Regulation in relation to water supply authorities. The 2018 Regulation is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

The dictionary in Schedule 13 defines words used in this regulation.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this regulation.

In this regulation, minor stream means—

a stream for which the location is specified in the hydro line spatial data and that has the following characteristics—

is identified as a first or second order stream under the Strahler system,

does not maintain a visible flow occurring on a continuous basis, or that would occur if there were no artificial extractions of water or obstruction, of flow upstream,

does not carry flows emanating from a third or higher order stream under the Strahler system, or

a stream for which the location is not specified in the hydro line spatial data.

A stream is specified in the hydro line spatial data if the stream is identified as a watercourse, however described, in accordance with the legend or terms of the hydro line spatial data.

The method of determining the stream order of a minor stream is the Strahler system.

The Strahler system is as follows—

a watercourse with no other watercourses flowing into the watercourse is classed as a first order stream,

if 2 streams join of different orders, the resulting stream is the same order as the higher order of the 2 streams,

if 2 streams join of the same order, the resulting stream is the order higher than the order of the 2 streams.

Example—

In the diagram below—

if 2 first order streams join, the stream becomes a second order stream (2), and

if a second order stream is joined by a first order stream, the second order stream remains a second order stream, and

if 2 second order streams join, both second order streams form a third order stream (3), and

if a third order stream is joined by a first or second order stream, the third order stream remains a third order stream, and

if 2 third order streams join, both third order streams form a fourth order stream.

In this section—

hydro line spatial data means the Water Management (General) Regulation Hydro Line spatial data, published on the Department’s website.

stream includes part of a stream.

For the Act, Dictionary, definition of river, paragraph (c), the waters described in Schedule 1 are declared to be rivers.

For the Act, Dictionary, definition of floodplain, the lands described in Schedule 2, Part 1, are declared to be floodplains.

For the Act, Schedule 9, clause 12, only floodplains designated under the 1912 Act, Part 8 that are described in Schedule 2, Part 2 are floodplains for the purposes of the Act.

For the Act, section 17(e), a management plan may, in relation to a water management area or water source to which the management plan applies, contain provisions about savings and transitional matters consequent on the making, amendment, repeal or consolidation of the management plan.

For the Act, section 21(c), the water sharing planning provisions of a management plan may deal with the withdrawal of water from a water allocation account in the following circumstances—

if there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which the water is delivered, whether by evaporation, leakage or otherwise,

if the balance exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates,

for a water allocation account of a relevant licence—if the amount of uncontrolled flow taken under a relevant licence is more than the amount that is allowed to be taken—

under the licence, or

under the order made under the Act, section 85A that authorises the taking of the uncontrolled flow,

for a water allocation account of a relevant licence—if during a water year, one or more available water determinations to credit the account are made when water is taken, or has been taken, under an order made under the Act, section 85A to authorise the taking of water from uncontrolled flows in the water year, but only if—

the withdrawals occur in the year the water is taken, and

the total amount withdrawn is not more than the lesser of—

the total amount of uncontrolled water taken in the year under the order, or

the total amount credited to the account in the year in accordance with one or more available water determinations made during or after water has been taken by the licence holder under the order.

In this section—

relevant dam means the dam from which water is released for delivery to the holder of an access licence.

relevant licence means—

a regulated river (general security) access licence, or

a regulated river (high security) access licence.

For the Act, section 21(f), the water sharing planning provisions of a management plan for a water management area or water source may deal with the following—

the short-term delivery of water through the area,

without limiting paragraph (a), if delivery of water would result in unacceptably high delivery losses—the short-term delivery of water by—

the grouping of water orders, and

the periodic release of water orders,

the return or delivery of water to a water source, including the circumstances in which the water must be returned or delivered.

For the Act, section 400(2), the operation of a management plan in relation to the carryover of water allocations in a water allocation account to the next water year is exempt from the Act, sections 49A(1) and 49B(1).

For the Act, section 399B, Schedule 9 contains provisions about a consultation and negotiation scheme for proposed releases of water for environmental purposes.

For the Act, section 57(1)(l), the following categories of access licence are prescribed—

aquifer (general security) access licence,

aquifer (high security) access licence,

Coleambally irrigation (conveyance) access licence,

domestic and stock (conveyance) access licence,

major utility (Barnard) access licence,

Murrumbidgee irrigation (conveyance) access licence,

Penrith Lakes Scheme (initial fill of the lakes that form part of the scheme) access licence,

regulated river (general security—A class) access licence,

regulated river (general security—B class) access licence,

Riverina Water County Council PFAS Alternate Supply access licence.

salinity and water table management access licence,

unregulated river (A class) access licence,

unregulated river (B class) access licence,

unregulated river (C class) access licence,

unregulated river pumped hydro-electricity generation (construction and initial storage fill) access licence,

unregulated river (high flow) access licence,

unregulated river (regulated supply) access licence,

unregulated river (regulated supply—local water utility) access licence,

unregulated river (special additional high flow) access licence,